^  [Senate  Bill,  No.  119 — Secret.] 

SENATE,  November  28,  1864  — Read  first  and  second  times  and 
referred  to  the  Committee  on  Judiciary  with  instructions  to  report 
the  bill  at  as  early  a  day  tw  ^<»«tttjabTe.  December  1,  1864. — Re- 
ported with  amendments,  and  bill  and  amendments  ordered  to  be 
printed,  in  confidence,  for  the  use  of  the  Senate. 

[Mr.  Caperton,  by  leave.] 


A.   BILL, 

To  suspend  the  privilege   of  the  writ  of  habeas  corpus  in  certain  cases. 

1  Whereas,  The    Constitution     of  the     Confederate     States    of 

2  America  provides,  in  article  1,  section  9,  paragraph  3,  that  *'  the 

3  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended  un- 

4  less,  when  in  case  of  rebellion  or  invasion,  the  public  safety  may 

5  require  it;"  and  whereas,  the  power  of  suspending  the  privi- 

6  lege  of  said  writ,  as  recognized  in  said  article  1 ,  is  vested  solely 

7  in  the  Congress,  which  is  the  exclusive  judge  of  the  necessity  of 
S  such  suspension  ;  and  whereas,  in  the  opinion  of  the  Congress, 
9  the  public  safety  requires  the  suspension  of  said  writ  in  the  ex- 

10  isting  case  of  the  invasion  of  these  States  by  the  armies  of  the 

1 1  United  States ;  and  whereas,  the    Prisident  has  asked  for  the 

12  suspension  of  the  writ  of  habeas  corpus,  and  informed  Congrese 

13  of  conditions  of  public  danger  which  render  the  suspenfliou  of 


1 4  the  writ  a  measure  proper  for  the  public  defence  against  invasion 

15  and  insurrection  ;  Now,  therefore, 

I  Section   1.   The  Congress  of  the  Confederatt  States  of  America 

i  do  mart.    That  during  the  }»rescnt  invasion  of  the  Confederate 

*  Jr^tatca,  ibe  privilege  of  tlie  writ  of  hnlKos  corpus  be,  and  the  same 

4  is  hereby,  suflpondud  ;  but  such  suspension  shall  apply  only  to  the 

o  cases  of  persons  arrested  or  detained  by  order  of  the  President, 

<i  Secretary  of  War  or  tl»e  General  ofRcer  commanding  the  trans- 

7  Miseifsippi  military  department,  by  the  authority  and  under  the 

.*<  control  of  the  President.     It  is  hereby  declared  that  the  purpose 

J)  of  Congress  in  the  passage  of  this  act  is  to  provide  more  effec- 

I'l  tuilly  for   the   public   safety  by   suspending  the   vrrit   o(  habeas 

]  I  forpus  in  the  following  cases,  and  no  other: 

I.  Of  treason,  or  treasonable  efforts  or  combinations  to   sub- 

l;{  Tcrt  the  Government  of  the  Confederate  States. 

It         II.   Of  conspiracies  to  overthrow  the  government,  or  conspira-     ' 

I  i  cics  to  resist  the  lawful  authority  of  the  Confederate  States. 

16  III.  Of  combining  to  assist  the  enemy,  or  of  communicating    I 

n  intelligence  to  the  enemy,  or  giving  him  aid  and  comfort. 

I 
18         IV.  Of  conspiracies,  preparations  and  attempts  to  incite  servile    j 

II  insurrection.  | 

20  V.  Of   desertions    or  encouraging  desertions,  of   harboring    j, 

2 1  deserters,  and  of  attempts  to  avoid  military  service  :  Provided, 
it  That  in  caaos  of  palpable  wrong  and  oppression  by  any  subordi- 


^^. 


5 

23  nate  oflBccr  upon  any  party  -who  does  not  legally  owe  military 

24  service,   his  superior   ofBcer  shall  grant  prompt  releif  to  the 

25  oppressed  party ;  and  the  subordinate   shall  be  dismissed  frou:: 

26  office. 

27  VI.  Of  spies  and  other  emissaries  of  the  emenj. 

28  A^II.  Of    holding   correspondence   or    intercourse    with    the 

29  enemy,  without  necessity,  and  without  the  permission  of  the  Con- 

30  federate  States. 

31  VIII.  Of  unlawful  trading  with  the  enemy  and  other  offences 

32  against  the  laws  of  the  Confederate   States,  enacted  to  promote 
S3  their  success  in  the  war. 

34  IX.  Of  conspiracies  or  attempts  to  liberate  prisoners  of  war 

3o  held  by  the  Confederate  States. 

36  X,  Of  conspiracies    or  attempts  or   preparations    to  aid  the 

37  enemy. 

38  XI.  Of  persons  advising  or  inciting  others  to  abandon  the 

39  Confederate  cause,  or  to  resist  the  Confederate  States,  or  to  ad- 

40  here  to  the  enemy. 

41  XII.  Of  unlawfully  burning,  destroying  or   injuring,  or  at- 

42  tempting  to  burn,  destroy  or  injure  any   bridge  or  railroad,  or 

43  telegraphic  line  of  communication,  or  other  property,  with  the 

44  intent  of  aiding  the  enemy. 

45  XIII.  Of  treasonable  designs  to  impair  the  military  power  of 

46  the  government  by  destroying  or  attemptimg  to  destroy  the  res- 


4 

47  sels,  or  arms,  or  munitions  of  war,  or  arsenals,  foundries,  work- 

48  shops,  or  other  property  of  the  Confederate  States. 

1  Sec.  2.  The  President  shall  cause  proper  officers  to  investigate 

2  the  cases  of  all  persons  so  arrested  or  detained,  in  order  that 

3  they  may  be  discharged,  if  improperly  detained,  unless  they  can 

4  be  speedily  tried  in  the  due  course  of  law. 

1  Sec.  3.  That  during  the  suspension  aforesaid,  no  military  or 

2  other  officer  shall  be  compelled,  in  answer  to  any  writ  of  habeas 

3  corpus,  to  appear  in  person  or  to  return  the  body  of  any  person 

4  or  persons  detained  by  him  by   the  authority  of  the  President, 

5  Secretary  of  "War,  or  the  general  officer  commanding  the  trans- 

6  Mississippi  department ;  but  upon  the  certificate,  under  oath,  of 

7  the  officer  having  charge  of  any  ono  so  detained,  that  such  per- 

8  son  is  detained  by  him  as  a  prisoner  for  any  of  the  causes  here- 

9  inbefore  specified,   under  the  authority  aforesaid,  further  pro- 

10  ceedings  under  the  writ  of  habeas  corpus  shall  immediately  cease 

1 1  and   remain    suspended    so  long  as  this  act    shall   continue  in 
IS  force. 

1  Sec  4.  This  act  shall  continue  in  force  for  ninety  days  after 

2  the  next  meeting  of  Congress,  and  no  longer. 


AMENDMENTS 

Proposed  by  the  Committee  on  the  Judiciary  to  the  bill  (S.  119)  to 

suspend  the  privilege  of  the  writ  of  habeas  corpus  in  certain  cases  : 

1  I.  Strike  out  all  after  the  enacting  clause  and  insert : 

2  That  during  the  present  invasion,  the  privilege  of  the  writ  of 

3  habeas  corpus  be,  and  the  same  is  hereby,  suspended  throughout 

4  the  Confederate  States,  in  all  cases  where  the  person  arrested 

5  may  be  charged,  under  oath — 

6  I.  With  treason,  or  treasonable  efforts  or  combinations  to  sub- 

7  vert  the  Government  of  the  Confederate  States. 

8  II.  With  combining  to  assist  the  enemy,  or  with  communi- 

9  eating  intelligence  to  the  enemy,  or  giving  him  aid  and  comfort. 

1 0  III.  With  treasonable  designs  to  impair  the  military  power  of  the 

1 1  Government  by  destroying,  or  attempting  to  destroy,  the  vessels, 

12  or  arms,  or  munitions  of  war,  or  arsenals,  foundries,  workshops, 

13  or  other  property  of  the  Confederate  States. 

14  IV.  With  being  a  spy  or  other  emissary  of  the  enemy. 

15  V.  With  exciting,  or  attempting  to  excite,  insurrection  among 

16  slaves,  or  promoting  conspiracy  among  them,  or  enticing  them 

17  to  join  the  enemy. 

18  VI.  With  burning,  destroying,  or  injuring,  or  attempting  to 

19  burn,  destroy,  or  injure  any  bridge  or  railroad,  or  telegraphic  line 
80  of  communication,  with  the  view  of  aiding  the  enemy. 


6 

21  VII.  With  exciting,  or  attempting  to  excite,  mutiny  among 

21  the  troops  of  the  Confederate  States. 

23  VIII.  With  harhoring  deserters  or  encouraging  desertion. 

1  Sec.  2.  That  in  all  such  cases  of  arrests,  it  shall  he  the  dutj 

2  of  the  officer  issuing  the  warrant  or  order  to  set  forth  in  writing, 

3  over  his  official  signature,  the  cause  of  such  arrest  and  imprison- 

4  ment,  and  shall  cause  a  copy  thereof  to  be  forthwith  forwarded  to 

5  the  Secretary  of  War. 

1  Sec.  3.  The  oath  required  by  this  act  shall  bo  sufficient,  when 

2  founded  on  either  the  knowledge,  information  or  belief  of  the 

3  affiant,  that  the  person  charged  is  guilty  of  the  act  or  offence 

4  stated,  and  said  oath  may  be  administered,  and  the  warrant   or 

5  order  of  arrest  issued,  by  any  judge  or  justice,  or  commissioner 

6  of  the  Confederate  States,  or  by  any  judge,  justice  of  the  peace, 

7  judge  of  probate,  or  other  judicial  officer  of  any  State  of  tho  Con- 

8  federate  States  ;  or  by  any  judge  of  a  military  court,  or  by  any 

9  commissioned  officer  in   the  military  service  of  the  Confederate 
10  States  of,  or  above,  the  rank  of  major. 

1  Sec.  4.  That  in  all  cases,  when  it  is  practicable,  the  oath  shall 

2  be  taken,  and  the  warrant  or  order  founded  thereon,  shall  be 
8  issued  before  tho  arrest  shall  be  made  ;  and  when  it  is  not  prac- 

4  ticable,  or  the  delay  may  increase  the  probabilities  of  escape,  the 

5  arrest  may  be  first  made ;  but  in  all  such  cases  the  oath  shall  be 

6  taken,  and  the  warrant  or  order,  plainly  setting  forth  the  cause 


7 

7  of  arrest  and  detention,  shall  be  issued  within  twenty- four  hours 

8  after  the  arrest  shall  have  been  made,  and  a  copy  of  the  affidavit 

9  and  of  the  order  or  warrant,  within  forty-eight  hours  after  such 

10  arrest,  shall  be  furnished  to  the  person  arrested  ;  and  in  case  said 

1 1  oath  is    not  taken,  nor  said  warrant    or  order  issued  and  furn- 

12  ished,  as  herein  required,  the  party  arrested  shall  not  be  denied 

1 3  the  privilege  of  the  writ  of  habeas  corpus  by  reason  of  the  passage 

14  of  this  act. 

1  Sec.  5.  It  shall  be  the  duty  of  the  President  to  appoint  proper 

2  officers  as  commissioners  to  investigate  the  cases  of  all  persons 

3  so  arrested  or  detained,  in  order  that  they  may  be  discharged,  if 

4  improperly  detained,  unless  they  can  be  speedily  tried  in  the  due 

5  course  of  law.     Said  commissioners  shall  rcceiro,  each,  a  com- 

6  pensation  of  two  hundred  and  fifty  dollars  per  month  ;  and  each 

7  commissioner  may  appoint  one  clerk  or  assistant,  who  shall  re- 

8  ceive  a  compensation  of  one  hundred  and  fifty  dollars  per  month, 

9  and  each  commissioner  and  assistant  shall  receive  twenty-five 

10  cents  for  every  mile  actually  and  necessarily  travelled  in  th« 

1 1  discharge  of  the  duties  required  by  this  act. 

1  Sec  6.  During  the  suspension  aforesaid,  no  military  or  other 

2  officer  shall  be  compelled,  in  answer  to  any  writ  of  habeas  corpus, 

3  to  appear  in  person,  or  to  return  the  body  of  any  person  or  per- 

4  eons  detained  by  him,  according  to  the  provisions  of  this  act, 

5  but  upon  the  certificate,  under  oath,  of  the  officer  having  charge 


8 

6  of  any  one  so  detained,  that  such  person  is  detained  by  him  as  a 

7  prisoner  for  any  of  the  causes  hereinbefore  specified,  under  the 

8  authority  herein  specified,  accompanied  by  a  copy  of  the  aflSda- 

9  yit  and  of  the  warrant  or  order  of  arrest,  further  proceedings 
1 0  under  the  writ  of  habeas  corpus  shall  immediately  cease  and  remain 
\  1  suspended  so  long  as  this  act  shall  continue  in  force. 

1  Sec.  7.  This  act  shall  continue  in  force  for  ninety- days  after 

2  the  next  meeting  of  Congress,  and  no  longer. 

3  II.  Amend  the  preamble  by  striking  out  all  after  "  whereas,"  in 

4  line  eight,  and  inserting,  "  the  President  has  informed  the  Con- 

5  gress  of  conditions  of  public  danger,  which,  in  the  opinion  of  Con- 
C  gress,   render  the   suspension  of  the   privilege  of  said  writ  a 

7  measure  proper  for  the  public  defence,  and  necessary  to  the  public 

8  safety ;  Now,  therefore." 

9  III.  Amend  the  title  so  that  it  will  read,  **  A  bill  to  suspend 

10  the  privilege  of  the  writ  o^  habeas  corpus  in  certain  cases,  and  for 

1 1  a  limited  period." 


